a much better chance of keeping their jobs. >> we would vigorously defend our members' right to engage in legal off duty conduct. the duty would be on the employer to show there is impact on the job. >> with no clear test for impairment, shep, the whole thing is in a bit of a purple haze, back to you. >> shepard: listen to you, big dan. thank you, sir. on any given night in new york city thousands of people are living on the streets. even in the dead of winter most people just walk right by them. that may be why one new york city's officer good deed getting so much attention. a tourist snapped this photo of him in times square giving boots to a bare foot homeless guy. we're told the officer bought them with his own money. >> he had boots in his hand and i heard him quite clearly say i have these size 12 all-weather boots for you let's take care of you. the gentleman sat down against the wall and i'm telling you his face lit up. >> shepard: that officer tells the "new york times" newspaper it was freezing out and he could see the blisters on the man's feet. the tourists who took the pho